DICTOGRAPH PRODUCTS CO. v. SONOTONE CORPORATION

No. 137, Docket 23716.

231 F.2d 867 (1956)

DICTOGRAPH PRODUCTS COMPANY, Inc., Plaintiff-Appellant, v. SONOTONE CORPORATION, Emil Henry Greibach and S. Michael Pineles, Defendants-Appellees.

United States Court of Appeals Second Circuit.

March 28, 1956.


Attorney(s) appearing for the Case

Joseph M. Callahan, New York City, for petitioner.

Charles H. Tuttle, New York City, opposed.

Before HAND, SWAN and FRANK, Circuit Judges.


PER CURIAM.

On this appeal we may not consider any depositions or other evidence that were not filed in the district court when Judge Ryan decided the motion. It is true that under Rule 75(h) of the Rules of Civil Procedure, 28 U.S.C.A., we may on our "own initiative" direct that "a supplemental record shall be certified and transmitted by the clerk of the district court"; but obviously that should comprise only such "records" as were before the district court itself...

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